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Papers On Litigation, The Courtroom & The Trial System
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A DISCUSSION OF INTERNATIONAL ARBIRTATION
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This 20-page paper focuses on two cases of international arbitration: Eco Swiss vs. Benetton and Mitsubishi vs. Soler. The cases point up the importance of arbitrators and their knowledge of competitive law in their rulings. Bibliography lists 10 sources.
Filename: MTecoben.rtf
A Petition of a Change in the Rules of Evidence
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This 14 page paper is written as a petition to the Scottish Parliament to change the laws of evidence related to oral evidence. The petition argues that written evidence should be acceptable form witnesses and that written statement should be allowed as memory aids, under certain circumstances, to aid accuracy of information given to the court. The bibliography cites 21 sources.
Filename: TElawpet.rtf
A Response to the “Agenda for Civil Justice Reform in America”
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A 6 page overview of the issues surrounding civil litigation. Emphasizes that while it is true that excess litigation can prove a detriment to the country, there are definite needs which are not being addressed by the Civil Justice System. Uses examples from three books: Walter K. Olson’s “The Litigation Explosion”, Jonathan Harr's "A Civil Action", and Peter H. Schuck's "Agent Orange on Trial: Mass Toxic Disasters in the Courts" to illustrate the inadequacies of our civil justice system. Concludes that the civil justice system is more often an opponent of the “little guy” or the “weaker guy” than it is an advocate. Bibliography lists 4 sources.
Filename: PPcivJus.wps
A Theory of Negligence
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This 3 page paper provides an overview of the theory of negligence presented in an article by Richard Posner and the importance as it pertains to case law. This paper outlines the fundamental principles and refers to an article on the process. No sources cited.
Filename: MHNeglig.wps
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